The health sector’s, worth billions, finance flows are characterised by a maximum lack of transparency due to the highly complex legal requirements and the multitude of actors involved. The resulting error developments of the system are not met by the legislator by simplification of the unclear structures, but rather by constant wide use of penal instruments. (read more)
The term “Commercial criminal law” is not defined by law. It is rather a collective term for manifestations within criminal law, which have their origin with the economic activities of an individual or an organization.
The operation of a pharmacy is seamed with considerable criminal risks considering the prevailing legal frameworks. Resulting from the drug or pharmaceutical law two particular types of risks arise.
Regularly the core of each economic criminal prosecution is the accusation of the defendant to procuring illegal pecuniary advantages. In case of a conviction this shall not, according to the volition of the legislator, remain with the defendant. The gains made from the act shall either be returned to the victim of the criminal offence or be retracted in favour of the treasury. This underlies the thought that “a criminal offence should not be worth the efforts”.
The recent bank crisis has led to an increased interest by prosecution authorities concerning banks as well as their senior management.
The granting of credits is necessarily fraught with risk because these credit grants are based on future expectations which can in retrospective turn out to be incorrect. In case of credits defaults or similar losses, authorities examine more and more whether the initial decision complied with all legal information procurement- and risk consideration duties. Consequently criminal investigations, which imply a significant risk potential, could be initiated against board members and the supervisory board based on the claim of breach of trust. (read more)
The penal provision of fraud is a core component of the criminal code and also plays a central role in other areas within the commercial criminal law. One is liable to prosecution due to fraud, when one deceives someone successfully and thus reaches behaviour of a deceived victim, which will lead to a financial losses as well as identical financial advantaged of the offender or a third party. (read more)
“Compliance” refers to the “conformity of rules”. Within a penal context this terminology indicates the sum of all organizational precautions which secure the compliant behaviour of an organization and its employees within all business related activities.
In past years the jurisdiction and the legislator have continuously aggravated the Compliance-requirements. A misconduct of employees can cause the organization to receive sensible financial fines. Equally this can lead to significant civil- and penal consequences for managers, the management board and the supervisory board, provided that the organization did not take precautions for sufficient measures for the avoidance of prohibited behaviour. Further there is risk – as the recent past just proved – that the organization’s reputation is damaged due to an effective public trial. Thus compliance is not only legally necessary but also an imperative when it comes to economic rationality. (read more)
With a business acquisition value influencing factors of the target company are routinely examined for the buyer by specialized civil law lawyers by means of a due diligence.
Chargeable for delayed filing of insolvency are individuals who, as a legal agent of an organization, do not immediately, latest three weeks after bankruptcy or over-indebtedness, file an application for the initiation of an insolvency proceeding over the organizations assets. Next to the penal investigation of corporate insolvency there is a threat of further punishability risks in form of elements of bankruptcy, the violation of accounting obligations as well as creditor and debtor privileges. Further, the accusation of the withholding and defalcation of remunerations and wage tax evasion appears as typical side-offences of corporate crisis in many cases.
The term medical criminal law refers to the criminal liability concerning so-called “malpractices”. The risk profile of medical activities however demolished this tight corset.
The criminal tax law has gained significant importance over the past years. This development was initiated by the procurement of differing “tax-CDs” by German tax authorities. Here authorities paid significant purchase prices to foreign criminals, in order to get possession of illegally attained data of foreign credit institutes concerning German taxpayers. According to prevailing case law this practice is considered lawful. (read more)
Illegal employment undermines the financial basis of the social security systems. The counter fight is thus promoted with more and more emphasis from governmental agencies. With customs a specialized investigation unit is available for this matter.
The corruption law is one part of economic criminal law’s core elements. Legally it is structured into two areas: On the one hand there is bribery or the granting of an undue advantage in order to influence official behaviour and on the other hand there is bribery within commercial practice against a private person in order to reach an advantage within competition among private service providers. In both cases the bribers as well as the bribed are liable to prosecution. (read more)